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[U] Commonwealth v. Snyder

Superior Court of Pennsylvania

February 11, 2014

COMMONWEALTH OF PENNSYLVANIA, Appellee
v.
REGINALD B. SNYDER, Appellant

NON-PRECEDENTIAL DECISION

Appeal from the Judgment of Sentence entered on October 19, 2012 in the Court of Common Pleas of Bucks County, Criminal Division, No. CP-09-CR-0003447-2012

BEFORE: FORD ELLIOTT, P.J.E., WECHT and MUSMANNO, JJ.

MEMORANDUM

MUSMANNO, J.

Reginald B. Snyder ("Snyder"), pro se, appeals from the judgment of sentence imposed for his conviction of harassment. See 18 Pa.C.S.A. § 2709(a)(1). We affirm.

The trial court set forth the relevant underlying facts:
On February 29, 2012[, ] at 1:17 P.M., Officer Lawrence Fallon responded to 2672 Bristol Road, Warrington Township, Bucks County, Pennsylvania for a report of a man on a scaffolding near PECO wires. [N.T., 10/19/12, at 5-6.] Upon arrival, Officer Fallon observed [Snyder's] son, Daniel Snyder[, ] standing on the scaffolding and manipulating the wires. [Id. at 6-7.] [Snyder] was standing at the base of the scaffolding and stated that his son was reconnecting the electrical power to their house. [Id. at 7.] Officer Fallon ordered Daniel Snyder to come down and placed him under arrest. [Id. at 8] While escorting Daniel Snyder to a police car, Officer Fallon ordered [Snyder], who attempted to follow them, "[d]on't follow us, stay on your property." [Id.] [Snyder] returned to his house. [Id.]
Daniel Snyder was passively resisting arrest by refusing to stand on his feet. [Id. at 9.] While Officer Fallon and a back-up, Officer Gottenberg, were struggling to put him into a police SUV, [Snyder] returned at a quick pace with a silver object in his hand. [Id.] Officer Fallon ran around the patrol car, ordered [Snyder] back onto his property, and observed him slip the silver object into his pocket. [Id. at 10.] Officer Fallon approached [Snyder] and ordered him to return to his property, but [Snyder] used both hands to push him in the chest, forcing Officer Fallon backward. [Id.] Officer Fallon said, "[y]ou are under arrest, " grabbed [Snyder's] arm, and was again pushed back by [Snyder] to prevent the officer from grabbing his arm. [Id.] Officer Gottenberg attempted to pin [Snyder] against a vehicle in order to apply handcuffs, but [Snyder] continued to struggle, and was escorted to the ground where he continued to struggling with both officers for approximately one (1) minute until he was handcuffed. [Id. at 10-11.]
[Snyder] was charged with Resisting Arrest, Harassment, Obstructing Administration of Law, and Disorderly Conduct.[1] On October 19, 2012, the Commonwealth sought leave to nol pros Resisting Arrest and Obstructing Administrative of Law and to amend Disorderly Conduct from a misdemeanor of the third degree to a summary offense, which [the trial court] granted. [Snyder] was therefore charged with Harassment and Disorderly Conduct, which were both graded as summary offenses[.]
[On October 19, 2012, the trial court] found [Snyder] guilty of Harassment and not guilty of Disorderly Conduct. On Harassment, [the trial court] imposed a non-reporting period of probation of ninety (90) days and a three hundred (300) dollar fine.

Trial Court Opinion, 1/28/13, at 1-2 (citations and footnotes omitted, footnote added).

On November 5, 2012, Snyder filed an untimely post-sentence Motion, claiming that his sentence was excessive. Before the trial court took any action on the Motion, Snyder filed a Notice of appeal on November 16, 2012. Thereafter, the trial court ordered Snyder to file a Pennsylvania Rule of Appellate Procedure 1925(b) concise statement. Snyder failed to file a concise statement.

On appeal, Snyder raises the following questions for our review:
1. Do four not guilty verdicts in Commonwealth v. Daniel Snyder negate probable cause in the ...

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